The short answer: A sideswipe car accident happens when the sides of two vehicles traveling side by side make contact, often during an unsafe lane change, a bad merge, or when a driver drifts out of their lane. Fault usually falls on the driver who left their lane without ensuring it was safe, though Georgia’s comparative negligence rule can divide blame between the drivers. In Georgia, you generally have two years after the right of action accrues to file a personal injury claim.
A sideswipe collision can happen in a split second. One moment you’re driving down Cobb Parkway or merging onto I-75, and the next, another vehicle scrapes into the side of yours. You may be shaken, hurt, and unsure who was even at fault. If that’s where you are right now, take a breath. Persons Firm is here to help, and here’s what you need to know about your rights after a sideswipe accident in Marietta.
In this article, our Marietta sideswipe accident lawyer discusses:
– What a sideswipe accident is and what causes it.
– How fault is decided under Georgia law.
– Common injuries from sideswipe collisions.
– What compensation you may be able to recover.
– How our team can help you move forward.
What Does A Sideswipe Accident Mean?
A sideswipe accident is a collision where the sides of two vehicles moving in the same or opposite direction come into contact. Unlike a head-on or rear-end crash, the impact runs along the length of the vehicles rather than striking the front or rear.
Most sideswipe crashes trace back to a few common causes:
– Unsafe lane changes without checking blind spots.
– Improper merging onto highways, such as I-75 or I-575.
– Drifting out of a lane due to distraction, drowsiness, or texting.
– Failing to signal before moving over.
– Driving under the influence.
At lower speeds, a sideswipe might leave you with scraped paint and rattled nerves. At highway speeds, though, the contact can send one or both vehicles spinning into other lanes, guardrails, or nearby cars, turning a minor scrape into a serious multi-vehicle wreck.
Who Is At Fault In A Sideswipe Accident?
In most sideswipe accidents, the driver who left their lane without confirming it was safe is at fault. Georgia law requires that a vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety (O.C.G.A. § 40-6-48). A driver who drifts or merges into an occupied lane usually violates that duty.
Fault isn’t always clear-cut, though. Sometimes, both drivers move toward the same lane at once, or one driver speeds while the other changes lanes. That’s where Georgia’s comparative negligence rule comes in. Under O.C.G.A. § 51-12-33, the judge must reduce the amount of damages awarded to the plaintiff in proportion to their percentage of fault, and the plaintiff will not be entitled to receive any damages if they are 50% or more responsible for the injury.
Insurers understand exactly how this rule works, which is why they may try to assign you as large a share of blame as they can. Evidence, such as traffic camera footage, the damage patterns on each vehicle, and witness statements, can make the difference in how fault is assigned. Before you give a recorded statement to an adjuster, talk to us. We are here to help. Call (770) 758-1664 for a free consultation.
What Are Common Injuries From Sideswipe Accidents?
Sideswipe accidents can cause injuries ranging from minor to life-changing, especially when the crash leads to a secondary collision. Common injuries include:
– Whiplash and other neck or back injuries.
– Broken bones, often in the arms or shoulders.
– Concussions and traumatic brain injuries.
– Cuts and bruises from shattered glass or crumpling metal.
– Shoulder and knee injuries from bracing for impact.
Some of these injuries don’t show symptoms right away. Whiplash and concussions in particular can take hours or days to appear, which is why it’s so important to see a doctor promptly, even if you feel fine. Prompt medical care protects your health and creates a record that connects your injuries to the crash.
What Compensation Can You Recover After A Sideswipe Accident?
If another driver caused your sideswipe accident, you may be able to recover compensation for both your financial losses and the toll the crash has taken on your life. That can include:
– Medical bills, both current and future.
– Lost wages and reduced earning ability.
– Vehicle repair or replacement costs.
– Pain and suffering.
– Emotional distress.
Every case is different, and the value depends on the specific facts, the severity of your injuries, and how the crash has affected your daily life. Our attorneys can review your situation and give you an honest picture of what your claim may be worth. We are here to help you find out. Call (770) 758-1664 for a free consultation.
How Persons Firm Can Help
You don’t have to figure this out alone. After a sideswipe accident, The Persons Firm, LLC handles the parts that feel overwhelming, from investigating the crash and gathering evidence to dealing with the insurance company so you can focus on healing.
We are here to help injured individuals throughout Marietta and the surrounding areas. Your consultation is free, and there’s no pressure and no obligation. We are here to help. Call (770) 758-1664 for a free consultation.
Frequently Asked Questions About Sideswipe Accidents
How long do I have to file a claim in Georgia?
In Georgia, you generally have two years after the right of action accrues to file a personal injury lawsuit (O.C.G.A. § 9-3-33). Waiting can make it harder to gather evidence, so it’s best to reach out as soon as you can.
What if I were partly at fault for the sideswipe?
You may still recover compensation as long as you’re less than 50% responsible for the injuries. Under Georgia’s comparative negligence rule, your recovery is reduced by your percentage of fault. If you’re 50% or more at fault, you cannot recover.
How much does it cost to hire Persons Firm?
Your consultation is free, and we work on a contingency fee basis. That means you don’t pay us anything unless we recover compensation for you.
Should I accept the insurance company’s first offer?
It’s usually wise to have an attorney review any offer first. Insurance companies often start with low offers, and once you accept, you generally cannot ask for more later.